Wednesday, July 20, 2005

Original Intent

I was listening to Scott Miller on RKO this morning argue that if orignal intent were used across the board in SCOTUS rulings, men would not vote for president, women would not vote and we would still own slaves.

This is a hopelessly pathetic argument, which cannot be defended. Original intent is not immune from the amendment process. This is the intended process for restricting rights or abolishing persecution. Original intent then applies to the text of the amendment as a base point for decisions. Activist judges routinely seek out obscurities in the language of the Constitution to support their personal view, arguing purely on the semantics and not the intent, often leaving out the context.

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